A move out order in California is a court order, formally called an exclusive possession order, that lets one person stay in a shared home while requiring the other to leave. Judges issue them under the Domestic Violence Prevention Act in the Family Code, and only after finding that continuing to share the home would put someone at risk. The order can be granted even if the person being removed owns the property or is the only name on the lease.1California Family Code § 6321
Who Can Ask for One
California has two routes, and picking the right one matters because the forms and standards differ.
The first is an emergency ex parte order under Family Code Section 6321. A judge can grant it the same day you file, without notifying the other party first. You have to show three things: that you have a legal right to live in the home, that the other party has assaulted or threatened to assault you, your child, or someone in your care, and that continuing to share the home would cause physical or emotional harm.1California Family Code § 6321
The second is a noticed hearing under Family Code Section 6340. Both sides appear and present their case. The standard is whether physical or emotional harm would result if the parties kept sharing the home. This route works in a standalone domestic violence case and inside a pending divorce or legal separation where safety is at issue.2California Family Code § 6340
What You Have to Show the Judge
The bar is high because the court is removing a legal resident from their home. Vague statements will not carry a petition. Judges want a written declaration, signed under penalty of perjury, with dates, locations, and specific incidents: what was said, what was done, who saw it, and how it affected you or your children.
Evidence that strengthens a petition includes police reports (an arrest is not required, a filed report still counts), photographs of injuries, property damage, or threatening messages, medical records tied to the abuse, declarations from witnesses, and text messages or voicemails in the other party’s own words.
For an emergency order under Section 6321, you also have to establish your right to remain in the home. Being on the title or lease is the clearest proof. Courts also recognize a right “under color of law,” which can include regularly contributing to rent, mortgage, or household expenses.1California Family Code § 6321
Forms and Filing
You file with the Superior Court in the county where you live. Which form you use depends on your situation.
If you are asking for protection from domestic violence, whether or not a divorce is pending, use Form DV-100, Request for Domestic Violence Restraining Order. The form has a section for asking that the other party move out. Attach your declaration and supporting evidence. There is no filing fee for DV-100 or for the response to it.
If you are already in a divorce or legal separation and want exclusive use of the home inside that case, file Form FL-300, Request for Order, and mark that you are asking for temporary exclusive possession of the residence. The filing fee is $60. If you cannot afford it, request a waiver using Form FW-001, available to people receiving public benefits or below certain income thresholds.
Serving the Other Party
If the court grants a temporary order, the other party has to be formally served with everything you filed and the order itself. You cannot serve the papers yourself. The person who serves them must be at least 18 and not involved in your case. A sheriff or marshal will serve domestic violence restraining order papers for free. You can also hire a professional process server or ask someone you know who qualifies.
Service has to happen before the hearing so the other side can prepare a response. If you cannot locate the person after a genuine effort, the court can authorize alternatives such as service by mail or publication.
The Hearing
The court schedules the hearing within 21 to 25 days of the temporary order. Both sides can testify, call witnesses, and submit evidence.
The restrained party can file Form DV-120, Response to Request for Domestic Violence Restraining Order, before the hearing. There is no fee. If children and custody are involved, they may also need to file Form DV-125, Response to Request for Child Custody and Visitation Orders.
The hearing is your chance to testify directly. Judges make credibility calls at these hearings, so being specific and organized about what happened matters more than being emotional.
How Long the Order Lasts
An emergency temporary order lasts only until the full hearing, which the court has to schedule within 21 days, or up to 25 with good cause.
After the contested hearing, a Domestic Violence Restraining Order with a move out provision can last up to five years. If no expiration date appears on the order, it defaults to three years from the date of issuance. When a DVRO is about to expire, you can request renewal for another five or more years, or permanently, without having to prove new abuse has occurred.
Inside a divorce, an exclusive possession order usually stays in effect until the final judgment or a later court order changes it. The same order can include temporary arrangements for custody, visitation, and payments toward the mortgage or rent.
What the Order Does Beyond the Move Out
A move out order attached to a domestic violence restraining order triggers mandatory firearms restrictions, and many people do not see this coming. Under Family Code Section 6389, the restrained party cannot own, possess, buy, or receive any firearms or ammunition while the order is in effect. They have to surrender all firearms within 24 hours of being served, either to local law enforcement or by selling or transferring them to a licensed dealer, and file a receipt with the court and the serving agency within 48 hours. Failing to file the receipt is itself a violation.3California Family Code § 6389
Federal law adds another layer. Under 18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm or ammunition while subject to a qualifying domestic violence restraining order issued after a hearing where the restrained party had notice and a chance to participate. Possessing a firearm in violation of a California protective order is also a state crime under Penal Code Section 29825, punishable by up to one year in county jail, a fine of up to $1,000, or both.418 U.S.C. § 922(g)(8)5California Penal Code § 29825
Once served, the order is immediately enforceable. If the restrained party refuses to leave or comes back, call the police. Officers can verify the order and direct the person to leave, or arrest them on the spot. Violating a protective order is a misdemeanor under Penal Code Section 273.6, carrying up to a $1,000 fine, up to a year in county jail, or both. If the violation causes physical injury, penalties climb to a fine of up to $2,000 and a mandatory minimum of 30 days in jail, which a judge can reduce if the person serves at least 48 hours. A second violation within seven years involving violence or a credible threat can be charged as a felony.6California Penal Code § 273.6
Violations can also draw contempt findings, monetary sanctions, and additional jail time inside a family law case, and courts tend to weigh them against the restrained party when deciding custody.
Changing or Ending the Order
Either party can ask the court to modify or end a domestic violence restraining order while it is still active. File Form DV-300, Request to Change or End Restraining Order, with Form DV-310, Notice of Court Hearing. There is no fee. The judge will hold a hearing and focus on whether changing the order would compromise anyone’s safety.
If you are the protected party and want to end the order, telling the restrained party they can come home does not legally dissolve it. Until the court formally modifies or terminates the order, it stays in effect and the restrained party can still be arrested for returning. Go through the court.
If the Other Party Is Active-Duty Military
The Servicemembers Civil Relief Act can delay the proceedings when the person facing the move out order is on active duty. Under 50 U.S.C. § 3932, a service member who receives notice of a civil action can request a stay of at least 90 days if their military duties materially prevent them from appearing. The request must include a letter explaining how service interferes with attendance and a commanding officer’s letter confirming that leave is not authorized. The court can grant additional stays, and if it refuses, it must appoint an attorney for the service member. Some California courts allow remote testimony. The SCRA does not stop the court from issuing an emergency temporary restraining order for safety reasons, but it can push out the full hearing where the longer-term move out order would be decided.750 U.S.C. § 3932